MAINTENANCE RIGHT OF WIFE & CHILDREN OVERRIDES CREDITORS’ CLAIMS UNDER SARFAESI/IBC ON HUSBAND’S ASSETS: SUPREME COURT

In the case of Apurva @ Apurvo Bhuvanbabu Mandal v. Dolly & Ors., the original Family Court order awarded the wife (respondent) a monthly support payment of Rs.6,000/- and Rs.3,000/- for each child. The Gujarat High Court increased the maintenance payment to Rs.1 lakh…

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PREVENTIVE DETENTION A HARSH MEASURE, PERMISSIBLE ONLY WHEN ‘PUBLIC ORDER’ DISTURBED: SUPREME COURT

In the case, Arjun s/o Ratan Gaikwad vs the state of Maharashtra and Ors, the Supreme Court observed that preventive detention is a harsh action, which cannot be invoked against every slight breach of peace. Instead, the power can be invoked only when the proposed detainee’s action tends to disrupt

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SECTION 14 LIMITATION ACT APPLICABLE TO PROCEEDINGS UNDER ARBITRATION & CONCILIATION ACT: SUPREME COURT

The Supreme Court, in the case of Kirpal Singh vs Government Of India, has addressed the issue of the applicability of section 14 of the Limitation Act, 1963 to the proceedings of arbitration. In this case, the appellant had incorrectly filed an appeal against the arbitral award before the High Court….

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THE COURT MUST HAVE JURISDICTION OVER THE PROPERTY IN A SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL: SUPREME COURT

The Supreme court in the case of Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. & Ors., upheld the decision of a division bench of the Delhi High Court that a suit for specific performance of an agreement to sell should be filed only in a court within whose…

Continue ReadingTHE COURT MUST HAVE JURISDICTION OVER THE PROPERTY IN A SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL: SUPREME COURT

INTERLOCUTORY ORDER PASSED BY TRIAL COURT CAN’T BE VACATED BY APPELLATE COURT UNLESS SHOWN TO BE PERVERSE, ARBITRARY: SUPREME COURT

The Case of Ramakant Ambalal Choksi vs Harish Ambalal Choksi & Others emphasize the difficulties in overseeing financial agreements in a family firm. In this case, brothers argue over unfair approach to business funds and claimed breaking of family agreement

Continue ReadingINTERLOCUTORY ORDER PASSED BY TRIAL COURT CAN’T BE VACATED BY APPELLATE COURT UNLESS SHOWN TO BE PERVERSE, ARBITRARY: SUPREME COURT

COLLECTING FUNDS FOR FUTURE ILLEGAL ACTS DOES NOT AMOUNT TO MONEY LAUNDERING: DELHI HIGH COURT

In the case of Parvez Ahmed vs Directorate of Enforcement, the Enforcement Case Information Report (“ECIR”) dated 21.09.2022 is based on an National investment agency (“NIA”) First information report (“FIR”) alleging that the Popular Front of India (“PFI”) and its members

Continue ReadingCOLLECTING FUNDS FOR FUTURE ILLEGAL ACTS DOES NOT AMOUNT TO MONEY LAUNDERING: DELHI HIGH COURT